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(영문) 대전지방법원 2016.01.13 2015고정1736

일반교통방해등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 2, 2015, the Defendant: (a) was an owner of the CJ 1078 square meters in Seosan-si, Seosan-si; (b) obstructed traffic by reducing the 290cc width of a road to approximately 250cc width by using obstacles to cement structures, etc. to prevent D from passing heavy equipment, such as spokes, to a road owned by the Defendant for the new construction of housing, in E-owned forest and forest; (c) around February 2, 2015, in order to prevent the said D from using heavy equipment, such as

2. From February 2, 2015 to April 10, 2015, the Defendant: (a) obstructed the victim’s construction work by force by preventing the victim D from entering a construction vehicle to implement new housing construction in the same manner as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on investigation (on-site) and a report on investigation (in-depth investigation);

1. A certified copy of the cadastral map, a certified copy of construction, large-scale repair, and a written report of change of use;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to the Daejeon District Court Decision 21 Civil Division (the provisional disposition of the prohibition of interference with passage, etc. in 2015Kahap 47)

1. Article 185 of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense (a point of interference with traffic) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;